SHABBIR HUSSAIN ANSARI S/O SHRI ABDUL NAZIR ANSARI v. STATE OF RAJASTHAN
CW/6208/2020 · 2026-01-12
Ashok Kumar Jain
body2026
DailyLaw.ai
[ 2026 DAILYLAW 17660 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 17660 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:1113] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6208/2020
1. Shabbir Hussain Ansari S/o Shri Abdul Nazir Ansari, Aged About 41 Years, R/o Bus Stand, Shivraj Nagar Hindoli, Dist. Bundi, Rajasthan. 2. Bhagwan Gour S/o Shri Bhanwar Lal Gour, Aged About 42 Years, R/o Bus Stand Hindoli, Dist. Bundi, Rajasthan. 3. Hari Raj Meena S/o Shri Mathura Ram Meena, Aged About 36 Years, R/o Village Post- Dhokadiya Bal, Dist. Bhilwara, Rajasthan. 4. Manjul Vyas S/o Shri Mahaveer Prasad, Aged About 29 Years, R/o Triveni Chok Hindoli, Dist. Bundi, Rajasthan. 5. Pawan Kumar Goutam S/o Shri Mahaveer Prasad, Aged About 32 Years, R/o Bramhapuri Shivraj Nagar, Hindoli Bundi, Rajasthan. 6. Ratan Lal S/o Shri Kishori Lal, Aged About 47 Years, R/o Harijan Mohalla, Hindoli, Bundi, Rajasthan. 7. Surajmal S/o Shri Chotu Lal Harijan, Aged About 40 Years, R/o Ward No.6 Harijan Basti Hindoli, Dist. Bundi, Rajasthan. 8. Tushar Maheshwari S/o Shri Kailash Chandra Gupta, Aged About 25 Years, R/o Bheru Ji Ka Barda, Panchwati Colony, Tehsil Hindoli, Bundi, Rajasthan. 9. Kamlesh Kumar Sharma S/o Shri Nathu Lal Sharma, Aged About 32 Years, R/o Shivraj Nagar, Tehsil Hindoli, Bundi, Rajasthan. 10. Hukmchand S/o Shri Durga Lal, Aged About 34 Years, R/o Kherkhata Owan, Tehsil Hindoli, Bundi, Rajasthan. 11. Amjad Ali S/o Shri Adbul Rahim, Aged About 28 Years, R/o Azad Marg, Tehsil Hindoli, Bundi, Rajasthan. 12. Vinod Kumar S/o Shri Ramlal, Aged About 32 Years, R/o Takla Jajawar Nainwa, Bundi, Rajasthan. 13. Shivraj Bairagi S/o Shri Khushiram Bairagi, Aged About 35 Years, R/o Mandir Wali Gali Bharta Bawdi Laxmipura, Bundi, Rajasthan. 14. Vishnu Kumar Sharma S/o Shri Devki Nandan Sharma, Aged About 31 Years, R/o Talera, Bundi, Rajasthan. [2026:RJ-JP:1113] (2 of 10) [CW-6208/2020]
15. Dinesh Malav S/o Shri Ramprasad, Aged About 30 Years, R/o 172 Pramanandji Ki Bagichi Ke Pas, Aktasa, Bundi, Rajasthan. 16. Amit Shringi S/o Shri Krishna Bihari, Aged About 32 Years, R/o Laxmi Nath Ji Ki Gali Talera, Bundi, Rajasthan. 17. Jitendra Singh S/o Shri Raghuvir Singh, Aged About 35 Years, R/o K. Patan Choraha, Talera, Bundi, Rajasthan. 18. Sohan Lal Harijan S/o Shri Banshi Lal, Aged About 50 Years, R/o Ward No. 2 Sunwasa, Bundi, Rajasthan. 19. Mangilal Sharma S/o Shri Ramniwas, Aged About 37 Years, R/o Lodha Mohalla Kotkheda Gumanpura, Bundi, Rajasthan. 20. Bhanupratap S/o Shri Satynarayan, Aged About 28 Years, R/o Dablana, Bundi, Rajasthan. 21.
Vikash Dadhich S/o Shri Ramesh Chand, Aged About 25 Years, R/o Alod, Bundi, Rajasthan. 22. Devi Shankar S/o Shri Ramkishan, Aged About 24 Years, R/o Dablana, Bundi, Rajasthan. 23. Monika Jangid W/o Shri Manoj Jangid, Aged About 38 Years, R/o Shubham Risort And Restorent, Reliance Petrol Pamp Ke Pass, Bundi, Rajasthan. 24. Omprakash Meghwal S/o Shri Hiralal Meghwal, Aged About 38 Years, R/o Baroondhan, Bundi, Rajasthan. 25. Chotulal S/o Shri Bhanwar Lal, Aged About 35 Years, R/o Mohana Dist. Chittorgarh, Rajasthan. 26. Rajendra Kumar S/o Shri Jagdish, Aged About 35 Years, R/o Charbhuja Mandir Ke Pass Dabi, Bundi, Rajasthan. ----Petitioners Versus
1. State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan. 2. Principle Secretary, Medical And Health Department, Government Secretariat, Jaipur, Rajasthan. 3. Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, C-Scheme, Jaipur. 4. Director, Mukhyamantri Nishulk Dawa Yojana (Mndy), Medical And Health Department, Government Of
[2026:RJ-JP:1113] (3 of 10) [CW-6208/2020] Rajasthan, Jaipur, Rajasthan. 5. Director, Mukhyamantri Nishulk Janch Yojana (Mnjy), Medical And Health Department, Government Of Rajasthan, Jaipur, Rajasthan. 6. Chief Medical And Health Officer, Dist. Bundi, Rajasthan. 7. Rajasthan Medicare Relief Society, Through Its Member Secretary, Dist. Bundi, Rajasthan. 8. Community Health Centre Through Its Medical Officer In- Charge Cum Secretary, Rajasthan Medicare Relief Society, Hindoli, Bundi, Rajasthan. 9. Community Health Centre Through Its Medical Officer In- Charge Cum Secretary, Rajasthan Medicare Relief Society, Taleda, Bundi, Rajasthan. 10. Primary Health Centre Through Its Medical Officer In- Charge Cum Secretary, Rajasthan Medicare Relief Society, Dablana, Bundi, Rajasthan. 11. Primary Health Centre Through Its Medical Officer In- Charge Cum Secretary, Rajasthan Medicare Relief Society, Basoli, Tehsil Hindoli, Dist. Bundi, Rajasthan. 12. Primary Health Centre Through Its Medical Officer In- Charge Cum Secretary, Rajasthan Medicare Relief Society, Gothara, Tehsil Hindoli, Dist. Bundi, Rajasthan. 13. Primary Health Centre Through Its Medical Officer In- Charge Cum Secretary, Rajasthan Medicare Relief Society, Neem Ka Khera, Tehsil Hindoli, Dist. Bundi, Rajasthan. 14.
Primary Health Centre Through Its Medical Officer In- Charge Cum Secretary, Rajasthan Medicare Relief Society, Ranipura, Tehsil Hindoli, Dist. Bundi, Rajasthan. 15. Community Health Centre Through Its Medical Officer In- Charge Cum Secretary, Rajasthan Medicare Relief Society, Dabi, Bundi, Rajasthan. 16. M/s Soni Tech Education And Welfare, 2-C-32 Vikas Nagar, Bundi. ----Respondents Connected With S.B. Civil Writ Petition No. 5624/2020
1. Sanjay Basuwal S/o Shri Shankar Lal, Aged About 38 Years, R/o 1C4 Housing Board, Vikas Nagar, Bundi,
[2026:RJ-JP:1113] (4 of 10) [CW-6208/2020] Rajasthan. 2. Babulal Gautam S/o Shri Rampal, Aged About 56 Years, R/o Ward No. 16, Chatrapura, Bundi, Rajasthan. 3. Ravindra Singh S/o Shri Akshay Raj Singh, Aged About 39 Years, R/o Sweet Home Colony, Baletha Road, Nahar Ke Pas, Kunhadi, Kota, Rajasthan. ----Petitioners Versus
1. State Of Rajasthan, Through Principle Secretary Medical And Health Department, Government Secretariat, Jaipur, Rajasthan. 2. Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, C-Scheme, Jaipur. 3. Director, Mukhyamantri Nishulk Janch Yojana (Mnjy), Medical And Health Department, Government Of Rajasthan, Jaipur, Rajasthan. 4. Chief Medical And Health Officer, Dist. Bundi, Rajasthan. 5. Rajasthan Medicare Relief Society, Through Its Member Secretary, Dist. Bundi, Rajasthan. ----Respondents S.B. Civil Writ Petition No. 5817/2020
1. Gaurav Sharma S/o Shri Ram Karan Sharma, Aged About 36 Years, R/o P.n. 1H4, Vikas Nagar, Bundi, Rajasthan. 2. Sunil Kumar Gautam S/o Shri Devi Shankar Sharma, Aged About 36 Years, R/o Near Track Union, Gurunanak Colony, Bundi, Rajasthan. 3. Keshav Tailor S/o Shri Bajrang Lal Tailor Singh, Aged About 29 Years, R/o Bank Of Baroda, Alaod, Tehsil Hindoli, Dist. Bundi, Rajasthan. 4. Hemraj Saini S/o Shri Mahaveer Saini, Aged About 36 Years, R/o Vaidhnath Pada, Lanka Gate, Bundi, Rajasthan. 5. Ladulal Meena S/o Shri Sunder Lal Meena, Aged About 34 Years, R/o Jeevanpura, Post Gudasadavartiya, Tehsil Nainwa, Bundi, Rajasthan. 6. Devendra Yadav S/o Shri Bhupendra Prakash Yadav, Aged About 29 Years, R/o Keshav Nagar, Taleda, Bundi, Rajasthan. [2026:RJ-JP:1113] (5 of 10) [CW-6208/2020]
7.
Sukhdev S/o Shri Kashiram Vishnoi, Aged About 35 Years, R/o Vpo Alniya Bas, Tehsil Riya Badi, Nagour, Rajasthan. 8. Omprakash Parjapat S/o Shri Heeralal Parjapat, Aged About 23 Years, R/o Village Dablana, Tehsil Hindoli, Bundi, Rajasthan. ----Petitioners Versus
1. State Of Rajasthan, Through Chief Secretary, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan. 2. Principle Secretary, Medical And Health Department, Government Secretariat, Jaipur, Rajasthan. 3. Director, Medical And Health Services, Government Of Rajasthan, Swasthya Bhawan, C-Scheme, Jaipur. 4. Director, Mukhyamantri Nishulk Dawa Yojana (Mndy), Medical And Health Department, Government Of Rajasthan, Jaipur, Rajasthan. 5. Chief Medical And Health Officer, Dist. Bundi, Rajasthan. 6. Chief Medical And Health Officer, Dist. Nagour, Rajasthan. 7. Rajasthan Medicare Relief Society Through Its Member Secretary, Dist. Bundi, Rajasthan. 8. Community Health Centre Through Its Medical Officer In- Charge Cum Secretary, Rajasthan Medicare Relief Society, Hindoli, Bundi, Rajasthan. 9. Primary Health Centre Through Its Medical Officer In- Charge Cum Secretary, Rajasthan Medicare Relief Society, Dablana, Bundi, Rajasthan. 10. Community Health Centre Through Its Medical Officer In- Charge Cum Secretary, Rajasthan Medicare Relief Society, Taleda, Bundi, Rajasthan. 11. Community Health Centre Through Its Medical Officer In- Charge Cum Secretary, Rajasthan Medicare Relief Society, Alaud, Bundi, Rajasthan. 12. Community Health Centre Through Its Medical Officer In- Charge Cum Secretary, Rajasthan Medicare Relief Society, Dei, Bundi, Rajasthan. 13. Community Health Centre Through Its Medical Officer In- Charge Cum Secretary, Rajasthan Medicare Relief Society, Tehsil Riya Badi, Dist. Nagour, Rajasthan. [2026:RJ-JP:1113] (6 of 10) [CW-6208/2020]
14. Primary Health Centre Through Its Medical Officer In- Charge Cum Secretary, Rajasthan Medicare Relief Society, Bada Naya Gaun, Tehsil Hindoli, Dist. Bundi, Rajasthan. ----Respondents For Petitioner(s) : Mr. Himanshu Jain Mr. Manish Parihar For Respondent(s) : Mr. Archit Bohra, AGC with Ms. Sweekriti Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 12/01/2026
1. These writ petitions are filed with common prayer, hence all are tagged together and we are disposing of them with the common order with consent of learned counsel for the parties. 2. SB CWP No. 6208/2020 is filed by petitioners with following prayer: i. By issuing appropriate writ order or direction the order dated 04.06.2020 may be quashed and set aside and Petitioners may be allowed to continue through Rajasthan Medicare Relief Society on their respective posts with all consequential benefits. ii. By issuing appropriate writ order or direction, Respondents may be restrained from discontinuing the services of the petitioners from the various posts under Mukhyamantri Nishulk Dawa Yojana (MNDY)/ Mukhyamantri Nishulk Janch Yojana (MNJY) and they may further be restrained from replacing the petitioners from another set of the contractual employees till the currency of the project. [2026:RJ-JP:1113] (7 of 10) [CW-6208/2020] iii. By issuing appropriate writ order or direction the Official Respondents may be directed to engage Petitioners directly for the posts under Mukhyamantri Nishulk Dawa Yojana (MNDY)/ Mukhyamantri Nishulk Janch Yojana (MNJY) and also pay salary directly in lieu of services, rather than engaging them through Placement Agency. 3. SB CWP No.5624/2020 is preferred by petitioners with following prayer: i. By issuing appropriate writ order or direction, Respondents may be restrained from discontinuing the services of the petitioners from the posts under Mukhyamantri Nishulk Janch Yojana (MNJY) and they may further be restrained from replacing the petitioners from another set of contractual employees till the currency of the project. ii. By issuing appropriate writ order or direction, the order dated 20.04.2020 may be quashed and set aside and Respondents may be directed to allow the petitioners to work through Respondent No. 5. iii. By issuing appropriate writ order or direction the Official Respondents may be directed to engage Petitioners directly for the posts under Mukhyamantri Nishulk Janch Yojana (MNJY) and also pay salary directly in lieu of services, rather than engaging them through Placement Agency. iv. By issuing appropriate writ order or direction respondent may be directed to allow the petitioners to continue through respondent no. 5 i.e. Rajasthan Medicare Relief Society and accordingly their salary and other benefits may be disbursed by Respondent No. 5. [2026:RJ-JP:1113] (8 of 10) [CW-6208/2020]
4.
SB CWP No.5817/2020 is preferred by petitioners with following prayer: i. By issuing appropriate writ order or direction, Respondents may be restrained from discontinuing the services of the petitioners from the various posts under Mukhyamantri Nishulk Dawa Yojana (MNDY)/ Mukhyamantri Nishulk Janch Yojana (MNJY) and they may further be restrained from replacing the petitioners from another set of the contractual employees till the currency of the project. ii. By issuing appropriate writ order or direction the Official Respondents may be directed to engage Petitioners directly for the posts under Mukhyamantri Nishulk Dawa Yojana (MNDY)/ Mukhyamantri Nishulk Janch Yojana (MNJY) and also pay salary directly in lieu of services, rather than engaging them through Placement Agency. 5. Defect(s) as pointed out by office in writ petition No.5624/2020 and 5817/2020 are ignored and overruled. 6. During course of argument, learned counsel for petitioner(s) while placing reliance upon judgment dated 02.09.2016 in SB CWP No.5231/2013 Rajesh and Anr. Vs. State of Rajasthan and Anr., judgment dated 22.01.2021 in SB CWP No.3435/2019 Dalip Singh and Ors. Vs. State of Rajasthan and Ors. and order dated 20.03.2017 in SB CWP No.953/2017 and other connected matters Pankaj Kumar Upadhyay Vs. State of Rajasthan and Ors. submits that the petitioners are already working as contractual employee with RMRS but during their term of engagement, the employer has been changed and a private
[2026:RJ-JP:1113] (9 of 10) [CW-6208/2020] service provider was introduced by the respondents and same has been challenged before this Hon’ble Court and after interim order, passed in their favour, the petitioner(s) are serving under RMRS. He further referred judgment in case of Rodu Lal Vs. State of Rajasthan in DB Civil Writ Petition No.11737/2024 decided by a Division Bench of this Court at Principal Seat, Jodhpur on 26.08.2025 and further relied and followed in SB CWP No.549/2024 Hitendra Kumar Sharma Vs. State of Rajasthan submits that the petitioners are entitled for minimum pay scale and absorption under the Contractual Hiring of Civil Posts Rules, 2022 (hereinafter referred as “Rules of 2022”). 7.
Learned counsel for respondents submits that petitioner(s) are already working under the RMRS and are being paid by RMRS but if they pray for consideration and absorption under the Rules of 2022, then they may submit a representation and subject to screening by the Screening Committee appropriate order may be passed by the respondents.
8. Having considered the submissions and also the judgments as referred by learned counsel for petitioners, it is appropriate to dispose of the writ petitions along with all pending application with liberty to the petitioner(s) to submit a representation for consideration of their absorption under the Rules of 2022 as directed by a Division Bench of this Court at Principal Seat in case of Rodu Lal (supra).
9. Considered the grievance raised herein, the petitioner(s) are given a liberty to submit a representation to the respondents-Authority within a period of 30 days raising all
[2026:RJ-JP:1113] (10 of 10) [CW-6208/2020] grounds and the respondents-Authority are directed to consider and decide the representation in light of ratio laid down in case of Rodu Lal (supra), and Rules of 2022 but in case of deviation, decide with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, the respondents are under an obligation to communicate the order to the petitioner(s) either by way of speed post or through E-mail, if petitioner(s) have provided E-mail in their representation. If the petitioner(s) are still aggrieved, they have a liberty to approach this Court with fresh petition.
10. Needless to say that if ratio is applicable upon facts of the case as claimed by the petitioner(s), then same benefits be extended, and the petitioner(s) be absorbed under the Rules of 2022.
11. In case, any of the petitioner(s) is not absorbed under the Rules of 2022 or not found suitable for absorption under the Rules of 2022 and his representation is rejected by the respondent authority then the services of concerned petitioner(s) shall not be terminated except adopting the principle of natural justice.
12. With the aforesaid directions, the present writ petition(s) with pending application, if any, stands disposed of.
(ASHOK KUMAR JAIN),J PREETI VALECHA /26-28